"child and family services agency" means a child and family services agency as defined in The Child and Family Services Act and includes an extra-provincial agency; (« office de services à l'enfant et à la famille »)

"common-law partner" of a person means a person who, not being married to the other person, is cohabiting with him or her in a conjugal relationship of some permanence; (« conjoint de fait »)

"extended family" includes, in addition to the persons in the definition of "family", aunts, uncles and cousins of a birth parent and a spouse or common-law partner of any of those persons; (« famille élargie »)

"extra-provincial agency" means

(a) the minister or another official of any government of a province or territory of Canada charged with the administration of the adoption of children in that province or territory, or

(b) any other organization or government official outside of Manitoba, having the right under the laws of a province, state or country to provide adoption services; (« agence extraprovinciale »)

"family" means a child's parents, step-parents, siblings, grandparents, aunts, uncles, cousins, any person in loco parentis to the child and the spouse or common-law partner of any of those persons; (« famille »)

"former Act" means The Adoption Act, S.M. 1997, c. 47, as it read immediately before the coming into force of this Act, and includes any predecessor Act; (« loi antérieure »)

"foster parent" means a person, other than the child's parent, who provides care and supervision to a child who was placed in the person's home by a child and family services agency other than for the purpose of adoption; (« parent d'accueil »)

"guardian" means a person, other than the child's parent, who has been appointed guardian of the person of the child by a court of competent jurisdiction; (« tuteur »)

"homestudy" means an assessment process between a prospective adoptive parent and a person providing adoption services for an agency which results in a written report as to the suitability and capability of the prospective adoptive parent to be an adoptive parent and includes a recommendation of the agency regarding placing a child with the person for the purpose of adoption; (« évaluation »)

"Indian" means an Indian within the meaning of the Indian Act (Canada); (« Indien »)

"master" means a master of the court as defined in The Court of Queen's Bench Act; (« conseiller-maître »)

"minister" means the member of the Executive Council charged by the Lieutenant Governor in Council with the administration of this Act; (« ministre »)

"record" means a record of information in any form, and includes information that is written, photographed, recorded or stored in any manner, on any storage medium or by any means, including by graphic, electronic or mechanical means, but does not include electronic software or any mechanism that produces records; (« document »)

1(2) In any provision of this Act, a reference to the "appropriate child and family services agency" means the child and family services agency mandated by an authority under The Child and Family Services Act to provide adoption services to the person specified in the provision, as determined in accordance with The Child and Family Services Authorities Act and the protocol established in the regulations under that Act.

Registered common-law relationship

1(3) For the purposes of this Act, while they are cohabiting, persons who have registered their common-law relationship under section 13.1 of The Vital Statistics Act are deemed to be cohabiting in a conjugal relationship of some permanence.

2 The purpose of this Act is to provide for new and permanent family ties through adoption, giving paramount consideration in every respect to the child's best interests.

Best interests of child

3 All relevant factors shall be considered in determining the child's best interests, including

(a) the safety of the child;

(b) the child's opportunity to have a parent-child relationship as a wanted and needed member of a family;

(c) the child's mental, emotional, physical and educational needs and the appropriate care or treatment, or both, to meet such needs;

(d) the child's mental, emotional and physical stage of development;

(e) the child's sense of continuity and need for permanency with the least possible disruption;

(f) the child's cultural, linguistic, racial and religious heritage;

(g) the views and preferences of the child where they can reasonably be ascertained; and

(h) the effect upon the child of any delay in the final disposition of the proceedings.

ADMINISTRATION

Director

4 The director for the purposes of administering this Act is the Director of Child and Family Services appointed under The Child and Family Services Act.

Duties of director

5(1) Under the control and direction of the minister, the director shall

(a) administer and enforce the provisions of this Act;

(b) advise the minister on matters relating to adoption and adoption services;

(c) license adoption agencies in accordance with the regulations;

(d) advise child and family services agencies and adoption agencies;

(e) ensure the development and establishment of standards of services and practices and procedures for adoption services provided to children and families;

(f) ensure that child and family services agencies and adoption agencies are providing the standard of services and are following the practices and procedures established under clause (e) and by the provisions of this Act and the regulations;

(g) receive and hear complaints from any person affected by the actions of child and family services agencies and adoption agencies;

(h) ensure the development of appropriate adoption placement resources for children; and

(i) perform such other duties as may be required by this Act, the regulations, or the minister.

Inspection powers

5(2) The director may at any reasonable time enter any premises of a child and family services agency or an adoption agency and make any inspection that is reasonably required for the purpose of determining compliance with this Act and the regulations and in the case of an adoption agency, with any condition of its licence, and, without limitation, the director may

(a) examine, and require the production of, any records of the agency that are relevant for the purposes of the inspection;

(b) require any person who in the opinion of the director is able to give information relating to any matter being investigated by the director

(i) to furnish information to the director, and

(ii) to produce and permit the director to make a copy of any record that, in the opinion of the director, relates to the matter being investigated;

but nothing in this clause abrogates any privilege that may exist because of the relationship between a solicitor and the solicitor's client; and

(c) on giving a receipt for it, remove any record from the premises to make copies.

General powers of director

5(3) For the purpose of carrying out the provisions of this Act, the director may

(a) conduct enquiries and carry out investigations with respect to matters under this Act;

(b) establish procedures to hear complaints under this Act;

(c) solicit, accept and review reports from individuals or organizations concerned or involved with the adoption of children;

(d) issue written directives to child and family services agencies or adoption agencies; and

(e) do any other thing in accordance with this Act that the minister may require.

Delegation by director

5(4) The director may, in writing, authorize a person or a child and family services agency to perform any of the director's duties or exercise any of the director's powers and may pay reasonable fees and out-of-pocket expenses to the person or the child and family services agency.

Proceedings re furnishing information prohibited

6 No proceedings lie against a person by reason of his or her compliance with a requirement of the director to furnish information or produce any record, or by reason of answering any question in an investigation by the director.

Central adoption registry

7(1) The central registry established by the director under The Child and Family Services Act is continued as the central adoption registry.

9(1) The director may license a corporation to which Part XXII of The Corporations Act applies as an adoption agency in accordance with the regulations.

Appeal to appeal board

9(1.1) Upon making a decision to refuse, suspend, cancel or not renew a licence, the director must provide reasons for doing so and advise the person affected of the right to appeal the matter to the appeal board.

Appeal to appeal board

9(2) A person who is refused a licence or whose licence is suspended, cancelled or not renewed may appeal the decision to the appeal board, and the provisions of The Social Services Appeal Board Act apply with respect to the appeal.

9(4) Where the director refuses to renew or suspends or cancels the licence of an adoption agency, the director shall in writing direct a child and family services agency to assume responsibility for the delivery of services to any person receiving services from the adoption agency in accordance with the regulations.

10 An adult who resides in Manitoba may apply to adopt a person in accordance with this Act.

Child to reside in Manitoba prior to adoption application

11 A child being adopted shall reside in Manitoba with the prospective adoptive parent before an application for adoption is made.

CONSENTS

Consents required for adoption of permanent ward

12 Where the child to be adopted is a permanent ward placed for adoption by a child and family services agency, a judge shall not make an order for adoption unless written consent to the adoption has been given in the prescribed form by

(a) the director who, or the child and family services agency which, has been given permanent guardianship of the child either by voluntary surrender of guardianship or by an order of the court; and

(b) the child, if the child is 12 years of age or older.

Consents required for other adoptions

13 Where the child to be adopted is not placed for adoption by a child and family services agency, a judge shall not make an order for adoption of the child unless written consent to the adoption has been given in the prescribed form by

(a) each person who is entitled to surrender guardianship of a child under section 16 of The Child and Family Services Act; and

(b) the child, if the child is 12 years of age or older.

Effect of consent to be explained

14 Prior to the giving of a consent under clause 12(b) or section 13, the person before whom the consent is executed shall

(a) explain fully the effect of the consent to the adoption to the person considering consenting to the adoption; and

(b) advise the person of his or her right to independent legal advice.

Certification of consents

15 Where The Intercountry Adoption (Hague Convention) Act applies to the adoption and the Central Authority of the State of origin of the child as set out in that Act certifies that consent has been given by a person referred to in section 12 or 13 that certificate is valid for the purposes of those sections in place of the consent.

Time of execution of consent

16 With respect to the consent to the adoption of a child referred to in section 13,

(a) no person shall execute or give consent to the adoption of the child; and

(b) no person shall take, request or solicit the consent of a person to the adoption of the child;

until at least 48 hours after the time of the birth of the child.

Affidavit of execution of consent

17 An affidavit of execution shall form part of every consent other than one given by the director or a child and family services agency and shall include a statement that the provisions of section 14 have been complied with.

Copy of consent to director

18 Except where an application for adoption of a child is made under Division 4, a copy of the consents required under clause 13(a), or certification of the consents as referred to in section 15, shall be given to the director at least 30 days before the date set for the hearing of the application for adoption, or within such shorter time as a judge or master may allow.

Waiver of parent's consent

19 A judge may dispense with the consent of a person required to consent under clause 13(a), if satisfied there are valid reasons to do so, including that the person

(a) has abandoned or deserted the child;

(b) cannot be located after reasonable attempts have been made to find the person;

(c) is incapable of caring for the child and has been so for a period of time of sufficient duration to be detrimental to the best interests of the child;

(d) while liable to maintain the child, has persistently neglected or refused to do so; or

(e) has not had an ongoing parental relationship with the child and a delay in securing a home for the child would be detrimental to the best interests of the child.

Dispensing with consent of person 12 years of age or older

20 Where the person to be adopted is 12 years of age or older and is unable to understand or give consent, a judge may dispense with the requirement for that person's consent.

Wishes of child under 12 to be taken into account

21 Where the child is under 12 years of age or the child's consent has been dispensed with under section 20, the judge hearing an application under this Act shall, where appropriate and feasible, take into account the wishes of the child.

Withdrawal of consent

22(1) A person who consents to an adoption under clause 13(a) may withdraw the consent by giving written notice of the withdrawal to the director within 21 days after the date the consent was given.

Child to be returned if consent withdrawn

22(2) Where a person referred to in clause 13(a) withdraws a consent under subsection (1), the person with whom the child is placed shall return the child to the person who withdraws the consent, whether or not the prospective adoptive parent has commenced court proceedings with respect to the child.

Consent executed outside Manitoba

23 A consent to an adoption given in a jurisdiction outside Manitoba in a form that is valid in that jurisdiction is deemed to be a consent under this Act.

DECLARATION OF PARENTAGE

No placement pending declaration of parentage

24 No child shall be placed for adoption by an agency or the director after the director has been served with notice of an application under Part II of The Family Maintenance Act that a man be declared to be the father of the child to be adopted unless

(a) the application is withdrawn; or

(b) a judge dismisses the application and all appeals from the dismissal have been exhausted.

No adoption pending declaration of parentage

25 A judge shall not make an order for adoption under this Act where the director certifies that an application under Part II of The Family Maintenance Act that a man be declared to be the father of the child to be adopted was served on the director

(a) within 21 days after a consent to the adoption was given under clause 13(a); or

(b) within 21 days after a voluntary surrender of guardianship agreement was signed;

as the case may be, unless the application is withdrawn or dismissed and all appeals from the dismissal have been exhausted.

NOTICE TO BIRTH FATHERS

Notice to birth father

26(1) Subject to this section, a judge shall not make an order for adoption of a child unless notice of the proposed adoption is given to the child's birth father.

Giving notice

26(2) Notice to a birth father under subsection (1) shall be in the prescribed form and

(a) where the adoption is under Division 1 of Part 3, shall be served on the birth father by a child and family services agency prior to the signing of a voluntary surrender of guardianship agreement; and

(b) where the adoption is under Division 2, 4, 5 or 6 of Part 3, shall be served on the birth father by the prospective adoptive parent prior to the giving of any consent to the adoption;

Where notice not required

26(3) Notice to a birth father under subsection (1) is not required where

(a) the birth father signs a voluntary surrender of guardianship under section 16 of The Child and Family Services Act;

(b) the birth father consents to the adoption under clause 13(a); or

(c) the child to be adopted is a permanent ward by court order.

Dispensing with notice of proposed adoption

26(4) On application, a judge or master may dispense with notice to a birth father, or may direct the manner of effecting service if the judge or master is satisfied that

(a) it is in the child's best interests to do so; or

(b) the birth father cannot be located after reasonable efforts have been made to find him.

APPLICATION FOR ADOPTION

Service on person required to consent

27 Where an application is made for an order of adoption under Division 2, 5 or 6 of Part 3, if a judge or master is satisfied that a person required to consent under clause 13(a)

(a) has not in any way been involved in a parental relationship with the child, the judge or master may dispense with service of the copy of the application on that person; or

(b) cannot be located after reasonable efforts have been made, the judge or master may direct the manner of effecting substitutional service of a copy of the application, or may dispense with service.

Surviving person may apply for order of adoption

28(1) Where a child is placed for adoption in the home of two persons jointly and before an application is made for an order of adoption one of them dies, the surviving person may apply for the order of adoption.

Order in names of surviving and deceased person

28(2) Where the surviving person applies for an order of adoption, a judge may grant the order of adoption in the names of the applicant and the deceased person, and in that case the child is deemed for all purposes to have been adopted by both the applicant and the deceased person.

Order where one applicant dies

29 Where two persons apply jointly to adopt a child and one of the applicants dies before an order of adoption is made, a judge may grant the order of adoption in the names of both applicants, and in that case the child is deemed for all purposes to have been adopted by both the applicant and the deceased person.

ORDER OF ADOPTION

Order of adoption

30(1) Where an application for an order of adoption is filed and all the applicable requirements of this Act have been complied with, a judge may, having regard to all the circumstances of the case, make an order of adoption.

Adoption order in prescribed form

30(2) An order of adoption shall be in the prescribed form and shall not, except as provided in subsection (3), show the surname of the child prior to adoption, but shall identify the child by the birth registration number of the birth record or other identification acceptable to the judge.

Surname of adopted child

30(3) An adopted child shall, as determined by the adoptive parent, either retain the surname under which the child's birth was registered or be given a surname chosen from the allowable surnames for registering a child's birth under The Vital Statistics Act.

31(1) For all purposes of the law of Manitoba, as of the date of the making of an adoption order,

(a) the adopted child becomes the child of the adoptive parent and the adoptive parent becomes the parent of the adopted child; and

(b) the adopted child ceases to be the child of the person who was his or her parent before the adoption order was made and that person ceases to be the parent of the adopted child;

as if the adopted child had been born to the adoptive parent.

How relationships determined

31(2) The relationship to one another of all persons, including the adopted child, the adoptive parent, the kindred of the adoptive parent, the parent before the adoption order was made and the kindred of that former parent shall for all purposes be determined in accordance with subsection (1).

Reference in will or other document

31(3) In any will or other document made at any time before or after the day this section comes into force, and whether the maker of the will or document is alive on that day or not, a reference to a person or group or class of persons described in terms of relationship by blood or marriage to another person shall be deemed

(a) to refer to a person who comes within the description as a result of an adoption; and

(b) not to refer to a person who does not come within the description as a result of an adoption;

unless the contrary intention is expressed by the maker of the will or other document.

Application of section

31(4) This section applies and is deemed always to have applied with respect to any adoption made under any predecessor Act but not so as to affect,

(a) any interest in property or right of the adopted child that has indefeasibly vested before the date of the making of an adoption order; and

(b) any interest in property or right that has indefeasibly vested before the day this section comes into force.

Exception where adoption by spouse or common-law partner

31(5) Where the adoptive parent has a spouse or common-law partner who is a parent of the person to be adopted and that parent chooses not to apply for the adoption jointly with the adoptive parent, the relationship of that parent and of his or her kindred with the adoptee shall continue and shall not be altered in any way by the order for adoption.

Exception re prohibited marriages

31(6) Subsections (1) and (2) do not apply for the purposes of the laws relating to incest and the prohibited degrees of consanguinity for marriage to remove a person from a relationship that would have existed but for those subsections.

Other provisions do not affect right to inherit

31(7) No provision of this Act other than this section affects a child's right to inherit from his or her parents or kindred.

32 An adoption that has, under the law of another province or territory or a jurisdiction outside Canada, substantially the same effect in that other jurisdiction as an adoption under this Act, has the same effect in Manitoba as an adoption under this Act.

OPENNESS AGREEMENTS

Openness agreements

33(1) For the purpose of facilitating communication or maintaining relationships, an openness agreement may be made in writing between an adoptive parent or a prospective adoptive parent and any of the following:

(a) a birth parent of the child;

(b) if a child and family services agency has permanent guardianship of the child by court order, a member of the extended birth family of the child who is approved by that agency;

(c) any other person who has established a meaningful relationship with the child;

(d) a prospective adoptive parent or an adoptive parent of a minor sibling of the child;

(e) if the child is, or is entitled to be a member of an Indian band as defined in the Indian Act (Canada), a member of that Indian band.

desire to have a child who is a permanent ward placed in their home with a view to adopting that child, they may make an application to the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide adoption services to the prospective adoptive parents.

37 Upon receiving an application under section 36, the child and family services agency shall conduct a homestudy to determine

(a) the suitability of the applicant to be an adoptive parent; and

(b) the capability and willingness of the applicant to assume the responsibilities of a parent towards the child.

Copy of homestudy

38 The prospective adoptive parent is entitled to receive a copy of the homestudy referred to in section 37.

Where applicant suitable

39 Where the child and family services agency determines that an applicant is suitable and capable of being an adoptive parent it shall forward to the director the name of the prospective adoptive parent and a summary of the homestudy for entry in the central adoption registry.

Review by director

40 Where the child and family services agency determines that an applicant is not suitable or not capable of being an adoptive parent, the applicant may request the director to review the matter and the director's decision is final.

(b) in the opinion of the child and family services agency having permanent guardianship of the child, the child should be placed for adoption;

the foster parent may apply in accordance with this Division to have the child placed with him or her for adoption.

PLACEMENT OF CHILD

Placement of child

42 A child and family services agency may place a child in the home of a prospective adoptive parent if

(a) the prospective adoptive parent and the child are registered on the central adoption registry; and

(b) the director approves the placement of the child with the prospective adoptive parent.

Manitoba placement preferred

43(1) A child and family services agency shall attempt to place a child who is a permanent ward for the purposes of adoption first in Manitoba and then elsewhere in Canada, but shall not

(a) place a child outside of Manitoba but within Canada except in accordance with subsection (2); and

(b) place a child outside of Canada except in accordance with subsection (3).

Proposed placement outside Manitoba

43(2) A child and family services agency may place a child outside of Manitoba but within Canada where

(a) the director approves the placement of the child with the prospective adoptive parent;

(b) the prospective adoptive parent has been approved for placement on the basis of a homestudy completed by an extra-provincial agency in the jurisdiction in which the prospective adoptive parent resides; and

(c) the director determines that the adoption can be legally completed in the jurisdiction where the child is proposed to be placed.

Proposed placement outside of Canada

43(3) A child and family services agency may only place a child outside of Canada

(a) with the approval of the Lieutenant Governor in Council; and

(b) provided that the requirements in clauses (2)(a) to (c) are met.

Placement following voluntary surrender of guardianship

44(1) Where guardianship of a child is surrendered under section 16 of The Child and Family Services Act, a child and family services agency, may, subject to the approval of the director place the child with a prospective adoptive parent immediately following the signing of the voluntary surrender of guardianship agreement.

Placement before agreement signed

44(2) Despite subsection (1), the director may approve the placement of a child in the home of a prospective adoptive parent before a voluntary surrender of guardianship agreement is signed if,

(a) in the opinion of the director, it is in the child's best interests to be placed for adoption without delay;

(b) no person required to sign a voluntary surrender of guardianship agreement is willing or able to care for the child until the agreement is signed; and

(c) each person required to sign a voluntary surrender of guardianship agreement consents in writing to the transfer of the child to the prospective adoptive parent.

(a) a voluntary surrender of guardianship is withdrawn under subsection 16(10) of The Child and Family Services Act; and

(b) the child who is the subject of the voluntary surrender of guardianship has been placed for adoption under this section;

the child and family services agency to whom guardianship was surrendered shall immediately return the child to the person who withdrew the voluntary surrender of guardianship, whether or not the prospective adoptive parent has commenced court proceedings with respect to the child.

Adoption placement agreement

45 When a child is placed by a child and family services agency with a prospective adoptive parent, an agreement in the prescribed form shall be made between the child and family services agency that is the permanent guardian of the child and the prospective adoptive parent, setting out the terms and conditions of the placement.

Date of placement

46 The date on which an agreement under section 45 is made is the date of placement of the child.

Removal of child

47(1) Where a child is placed by a child and family services agency with a prospective adoptive parent, that agency may remove the child from the prospective adoptive parent's home at any time before an order of adoption is made.

Director may review

47(2) The prospective adoptive parent may request the director to review the agency's action under subsection (1), and the director's decision is final.

Supervision of placement

48 Where an agreement respecting placement under section 45 has been signed, the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide adoption services to the prospective adoptive parent shall supervise the placement until an order of adoption has been made.

49(1) The person in whose home a child is placed for adoption under this Division may, with the written approval of the child and family services agency that is the permanent guardian of the child, apply in the prescribed form to the court for an order of adoption.

Time for making application

49(2) An application for an order of adoption may be made after the expiration of six months from the date on which the child was placed with the prospective adoptive parent or within such lesser or greater time as the child and family services agency that is the permanent guardian of the child may authorize.

Documents filed in support of application

50 An application for an order of adoption under this Division shall be supported by

(a) an affidavit from the applicant which includes the applicant's name, age, address and marital or relationship status;

(b) the birth certificate or registration of live birth of the child;

(c) the order of permanent guardianship or the voluntary surrender of guardianship agreement;

(d) the consents to the adoption required under section 12;

(e) certification by the director that no notice of application under The Family Maintenance Act for a declaration that a man be declared to be the father of the child was served on the director within 21 days after the signing of a voluntary surrender of guardianship agreement under The Child and Family Services Act;

(f) a copy of the agreement regarding placement referred to in section 45;

(g) a report from the child and family services agency that supervised the placement which includes the following:

(i) the family and developmental history of the child, identified by adoptive name and birth registration number only,

(ii) a summary of the homestudy conducted under section 37, and

(iii) the recommendation of the child and family services agency;

and, where applicable, by

(h) the marriage certificate of married applicants or the prescribed declaration of commitment of applicants who are common-law partners;

(i) the authorization of the child and family services agency where it extended or reduced the time for the making of the application;

(j) decree nisi and absolute of divorce or divorce judgment and certificate of divorce;

(k) the death certificate of the applicant's spouse or common-law partner; and

51 A person who is entitled to surrender guardianship of a child under section 16 of The Child and Family Services Act may, in accordance with this Division, place the child for the purpose of adoption.

PLACING A CHILD FOR ADOPTION OUTSIDE OF MANITOBA

Application to approve out of province placement

52(1) A person who intends to place a child outside of Manitoba for the purposes of adoption under this Division, shall apply to

(a) the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide adoption services to the person; or

(b) an adoption agency with jurisdiction in the area where the person resides;

for approval of the placement by the director.

Proposed placement within Canada

52(2) The director may approve a request to place a child outside of Manitoba but within Canada where

(a) the agency contacted by the applicant under subsection (1) confirms that the person was informed about the effect of an adoption; and

(b) the director determines that the adoption can be legally completed in the jurisdiction where the child is proposed to be placed.

Proposed placement outside of Canada

52(3) The director shall not approve an application to place a child outside of Canada without first obtaining the approval of the Lieutenant Governor in Council.

53(1) The person who intends to receive a child for adoption shall notify one of the following agencies of the proposed placement, not later than 14 days before receiving the child into the home for the purpose of adoption:

(a) the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide adoption services to the prospective adoptive parent;

(b) an adoption agency having jurisdiction in the area where the prospective adoptive parent resides.

Form of notification

53(2) The notification under subsection (1) shall be in a prescribed form, stating

(a) the name and birthdate of the child, or in the case of an unborn child, the expected date of birth;

(b) the names and addresses of the parents of the child;

(c) the name and address of the prospective adoptive parent;

(d) the address where the child resides, if applicable; and

(e) the name, occupation and address of any person who arranged or assisted in the proposed placement of the child.

54(1) The person who intends to place the child for adoption in Manitoba shall notify the agency that was notified under subsection 53(1) of the proposed placement not later than 14 days before the placement.

Form of notification

54(2) The notification under subsection (1) shall be in a prescribed form and shall set out the information referred to in subsection 53(2).

Director may waive or extend time for notification

55 Where there is a valid reason the director may either waive or extend the time for notifying an agency under subsection 53(1) or 54(1).

Duties of agency

56 Upon receipt of the notifications under sections 53 and 54, the agency shall

(a) provide information about the effects of adoption and the alternatives to adoption to the person requesting that the child be placed;

(b) obtain as much information as possible about the medical and social history of the child and the birth family and share this information with the prospective adoptive parent; and

(c) conduct a homestudy to determine the suitability of the prospective adoptive parent to be an adoptive parent, and the capability and willingness of the applicant to assume the responsibilities of a parent towards the child.

Consideration of homestudy previously prepared

57 In making a determination under clause 56(c), the agency may consider a homestudy of the prospective adoptive parent previously prepared by a child and family services agency or an adoption agency.

Copy of homestudy

58 The prospective adoptive parent is entitled to receive a copy of a homestudy referred to in clause 56(c) or section 57.

Placement approved

59 Where the agency determines that the prospective adoptive parent is suitable and capable of being an adoptive parent, the agency shall approve the placement of the child with the applicant and advise the parties and the director.

Placement not approved

60 Where the agency determines that the prospective adoptive parent is not suitable or not capable of being an adoptive parent, the agency shall not approve the placement of the child with the applicant and shall advise the parties and the director of its decision.

Review by director

61 Where the agency does not approve the placement of the child with the prospective adoptive parent, he or she may request the director to review the matter, and the director's decision is final.

WHEN CHILD MAY BE PLACED FOR ADOPTION

Placement after consents given

62(1) A child shall not be placed with a prospective adoptive parent until

(a) each person required to consent to the adoption under clause 13(a) has done so; and

(b) the agency approves the placement of the child with the prospective adoptive parent under section 59.

Exception

62(2) Despite subsection (1), the director may approve the placement of a child with a prospective adoptive parent before the consent to the adoption required under clause 13(a) is given if

(a) in the opinion of the director, it is in the child's best interests to be placed for adoption without delay;

(b) the agency approves the placement under section 59;

(c) no person required to give a consent is willing or able to care for the child until the consent is given; and

(d) each person required to give a consent, consents in writing to the transfer of the child to the prospective adoptive parent.

Date of placement

63 The day on which a child is transferred to the care of the prospective adoptive parent is the date of placement.

Supervision of placement following approval

64 The agency that approved the placement under section 59 shall supervise the placement of the child with the prospective adoptive parent until the order of adoption is made.

APPLICATION FOR ADOPTION ORDER

Application for order of adoption

65(1) An application to the court for an order of adoption under this Division shall be made in the prescribed form no earlier than 30 days and no later than six months after the date the last consent required under clause 13(a) was given.

Extension of time

65(2) Where there is a valid reason to do so, a judge or master may extend the time for applying for an order of adoption under subsection (1).

Service of application for order of adoption

66 At least 30 days before the date fixed for the hearing, the applicant shall serve a copy of the application on

(a) the agency that approved the placement under section 59;

(b) each person whose consent to the adoption is required under clause 13(a);

(c) the director; and

(d) any other person that a judge or master may direct.

Documents in support of application

67 An application for an order of adoption under this Division shall be supported by

(a) an affidavit of the applicant which includes the name, age, address and marital or relationship status of the applicant;

(b) the marriage certificate of married applicants or the prescribed declaration of commitment of applicants who are common-law partners;

(c) the birth certificate or registration of live birth of the child;

(d) the consents to the adoption required under section 13;

(e) certification by the director that no notice of application under The Family Maintenance Act for a declaration that a man be declared to be the father of the child was served on the director within 21 days after the date the last consent required under clause 13(a) was given;

(f) certification by the director that a withdrawal of consent under subsection 22(1) was not served; and

(g) a report from the agency that supervised the placement under section 59, which includes

(i) the family and developmental history of the child, identified by adoptive name and birth registration number only,

(ii) a summary of the matters determined under clause 56(c), and

(iii) the recommendation of the agency;

and, where applicable, by

(h) the death certificate of the applicant's spouse or common-law partner;

(i) decrees nisi and absolute of divorce or divorce judgment and certificate of divorce; and

69The Intercountry Adoption (Hague Convention) Act applies to an adoption to which the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption applies.

Conversion of adoption

70(1) On application by a person resident in Manitoba, a judge may make an order converting an adoption referred to in Article 27 of the Convention to have the effect of an adoption under this Act.

Documents in support of application

70(2) An application for an order under this section shall be supported by

(a) the consent or certification that the consent required under Article 27 of the Convention has been given; and

(b) certification of conformity required under Article 23 of the Convention.

ADOPTIONS OUTSIDE THE SCOPE OF THE HAGUE CONVENTION

Application for placement from another country

71(1) A prospective adoptive parent who has been placed on the central adoption registry may request that he or she be considered for the placement of a child who resides in another country and who is legally available for adoption.

Provisions of Division 1 apply

71(2) Where the prospective adoptive parent agrees to accept the placement of a child from another country, the provisions of Division 1 apply.

Application in another country

72(1) A person who is applying in another country to adopt a child shall notify the director and the director shall,

(a) verify that the application has been completed and accepted by a court of competent jurisdiction in the other country;

(b) verify that the government of the country where the child resides supports the application and the adoption of the child; and

(c) provide supporting documentation required by the authorities of the child's country of residence in order to facilitate the finalization of the adoption in the other country, which may include a homestudy.

Copy of homestudy

72(2) If a homestudy is prepared under clause (1)(c) the prospective adoptive parent is entitled to receive a copy of it.

DIVISION 4

DE FACTO ADOPTIONS

Application

73(1) An application for an order of adoption may be made in the prescribed form

(a) jointly by two persons who are married to each other, by common-law partners, or by any two persons, where at the time the application is made

(i) they are jointly caring for and maintaining the child, and

(ii) either applicant has had care and control of the child and has maintained the child for at least two consecutive years; or

(b) by a person who at the time the application is made

(i) is caring for and maintaining the child, and

(ii) has had care and control of the child and has maintained the child for at least two consecutive years.

Consent

73(2) A judge may make an order of adoption under this Division without the consent of anyone other than the child if the child is 12 years of age or older.

75 Upon receiving a copy of the application, the agency shall investigate and provide the court with a written report respecting

(a) the suitability of each prospective adoptive parent as an adoptive parent;

(b) the capability and willingness of each prospective adoptive parent to assume the responsibilities of a parent towards the child;

(c) where the application is made jointly by two persons who are not married to each other nor common-law partners, the stability of the relationship between the prospective adoptive parents and their commitment to maintain a joint household and jointly care for the child; and

(a) an affidavit of the applicant which includes the applicant's name, age, address and marital or relationship status;

(b) the birth certificate or registration of live birth of the child;

(c) if the child to be adopted is 12 years of age or over, the consent of the child, unless dispensed with by the judge;

(d) the report of the agency under section 75;

and, where applicable, by

(e) the marriage certificate of married applicants, the prescribed declaration of commitment of applicants who are common-law partners, or the prescribed declaration of commitment to the child of applicants who are neither married to each other nor common-law partners;

(f) decrees nisi and absolute of divorce or divorce judgment and certificate of divorce;

(g) the death certificate of the applicant's spouse or common-law partner; and

78 A person entitled to surrender guardianship of a child under section 16 of The Child and Family Services Act may, in accordance with this Division, place a child with one member or jointly with two members of the child's extended family for the purposes of adoption.

79 A person who intends to place a child with a member of the child's extended family, or two members jointly, may do so without the approval of the director unless the child is to be placed outside of Manitoba.

82.1 Upon receiving a copy of the application, the agency shall investigate and provide the court with a written report respecting

(a) the suitability of each prospective adoptive parent as an adoptive parent;

(b) the capability and willingness of each prospective adoptive parent to assume the responsibilities of a parent towards the child;

(c) where the application is made jointly by two members of the child's extended family who are neither married nor common-law partners, the stability of the relationship between the prospective adoptive parents and their commitment to maintain a joint household and jointly care for the child; and

85 An application for an order of adoption under this Division shall be supported by

(a) an affidavit of the applicant which includes the applicant's name, age, address, marital or relationship status and relationship to the child;

(b) the marriage certificate of married applicants, the prescribed declaration of commitment of applicants who are common-law partners, or the prescribed declaration of commitment to the child of applicants who are neither married to each other nor common-law partners;

(c) the birth certificate or registration of live birth of the child;

(d) the consents to the adoption required under section 13;

(e) certification by the director that no notice of application under The Family Maintenance Act for a declaration that a man be declared to be the father of the child was served on the director within 21 days after the date the last consent required under clause 13(a) was given;

(f) certification by the director that a withdrawal of consent under subsection 22(1) was not served;

(f.1) the report of the agency under section 82.1;

and, where applicable, by

(g) the death certificate of the applicant's spouse or common-law partner;

(h) decrees nisi and absolute of divorce or divorce judgment and certificate of divorce; and

may, together with that parent or alone but with the consent of that parent, apply to the court in the prescribed form to adopt the child if the child is living with the applicants and is being cared for by them.

91(1) Subject to subsection (2), the judge hearing an application under this Division may request that a written report respecting

(a) the suitability of the applicants as adoptive parents;

(b) the capability and willingness of the applicants to assume the responsibilities of parents towards the child; and

(c) any other matters the judge considers relevant;

be provided by the appropriate child and family services agency, as determined under subsection 1(2), mandated to provide adoption services to the applicant and that agency shall comply with the request.

Applicant's preference

91(2) If the applicant has a preference that an adoption agency with jurisdiction in the area where the applicant resides provide the report referred to in subsection (1), that adoption agency shall

92(1) The parent with whom the child is not living may apply to the court for an order granting access to the child.

Access order

92(2) An application under subsection (1) may be heard either as part of the application for adoption under this Division or as a separate application after the adoption order has been granted, and the judge hearing the application may grant the access with or without conditions.

93 An application to adopt an adult shall be made in the prescribed form.

Conditions for adoption of adult

94(1) A judge may make an order of adoption of an adult without the consent of anyone, except the person to be adopted, as long as

(a) the person adopting is older by a reasonable number of years than the person to be adopted; and

(b) the reason for the adoption is acceptable to the judge hearing the application.

Support during minority to be considered by judge

94(2) Where an application is made to adopt an adult the judge shall take into consideration, in addition to any other relevant considerations, whether the care, support and control of the person to be adopted has been provided by the person applying to adopt for a reasonable time during the minority of the person to be adopted.

"contact preference" means a document filed on the post-adoption registry under section 113.1, or on a registry in another jurisdiction, which describes the contact, if any, that a person wishes to have with another person respecting an adoption; (« acceptation limitée de prise de contact »)

"contact veto" means a document that was filed on the post-adoption registry under the former Act, or on a registry in another jurisdiction, stating that a person does not wish to be contacted by another person respecting an adoption; (« refus de prise de contact »)

"disclosure veto" means a document filed

(a) on the post-adoption registry in relation to an adoption under the former Act, and includes a notation on the post-adoption registry made before March 15, 1999, or

(b) on a registry in another jurisdiction,

which prohibits the disclosure of identifying information about the person who filed the veto; (« refus de communication »)

"identifying information" means information in a record which reveals the identity of a person or which sets out the circumstances surrounding an adoption; (« renseignement signalétique »)

"non-identifying information" means information in a record about a person which does not reveal the person's identity but which reveals non-identifying characteristics such as year of birth, ethnic origin, physical description, education level, religion and health history; (« renseignement non signalétique »)

"pre-adoption birth registration" means the pre-adoption registration of birth document of a person who is subsequently adopted and any related pre-adoption and birth registration documents that are maintained by

(a) the Director of Vital Statistics under clause 10(3)(a) of The Vital Statistics Act, or

(b) a person responsible for the registration of births in another jurisdiction; (« bulletin d'enregistrement de naissance antérieur à l'adoption »)

"substituted registration of birth" means the registration of birth document that under clause 10(5)(b) of The Vital Statistics Act replaces a pre-adoption birth registration; (« bulletin d'enregistrement de naissance de substitution »)

"undertaking" means a document, in a form approved by the director, signed by a person and stating that he or she agrees to abide by the terms of a contact veto or contact preference. (« engagement »)

99 In the case of a conflict between any provision of this Part and a provision of either The Freedom of Information and Protection of Privacy Act or The Protecting Children (Information Sharing) Act, the provision of this Part prevails.

100(1) Subject to subsection (2), court proceedings with respect to an adoption must be closed to the general public, but must be open to media representatives unless the court, on application, is satisfied that the presence of media representatives would be manifestly harmful to any person involved in the proceedings.

Proceedings re offences

100(2) The prosecution of an offence under Part 5 must be open to the general public unless a judge on the application of a person who is involved in the proceeding or a portion of the proceeding is satisfied that

(a) conducting the proceeding or the portion in public would be significantly harmful to a person; and

(b) conducting the proceeding or the portion in private would not be contrary to the proper administration of justice;

and where the judge is so satisfied, the judge may order that the proceeding or the portion be closed to the public or a portion of the public and conducted in private.

Reporting not to identify persons involved

100(3) No person shall disclose the name of a birth parent, an adoptive parent, an adoptee or any person involved in a proceeding under this Act as a party or a witness, or disclose any information likely to identify any such person.

101 All records of the court relating to the granting of an order of adoption shall be confidential.

Court order required to search court records

102(1) No person shall examine or make a copy of a court record relating to the granting of an order of adoption except by an order of a judge or master after reasonable notice is given to the director.

Court may issue certified copy of order

102(2) Despite subsection (1), the court may on written request issue a certified copy of an order of adoption to

(a) an adoptive parent to whom the order of adoption relates;

(b) an adult adoptee to whom the order of adoption relates; or

(c) the director for the purpose of carrying out responsibilities under this Act;

but where the original surname of the child appears on the order of adoption, the original surname shall be deleted from the certified copy and the birth registration number or other identification acceptable to a judge or master shall be substituted for the surname.

103(1) All records, whether made before or after the coming into force of this Act, relating to the granting of an order of adoption that are in the custody or under the control of

(a) the director;

(b) a child and family services agency; or

(c) an adoption agency;

are confidential, and access to and disclosure of information in these records may be given or made only in accordance with this Act.

Records to be maintained separately

103(2) Following the granting of an order of adoption the records referred to in subsection (1) shall be maintained separately in a secure manner in accordance with the regulations.

Exception re disclosure of identifying information

104(1) Identifying information in a record referred to in subsection 103(1) may be disclosed as follows:

(a) when giving evidence in proceedings in court under this Act;

(b) where required by an order of any court in Manitoba, to the person named in the order;

(c) to the director or an agency, an employee of or consultant to the director or an agency, or a student placed with the director or an agency under an agreement with an educational institution, where disclosure is necessary for

(i) the performance of a duty or the exercise of a power, or

(ii) the provision of services under The Child and Family Services Act or the provision of adoption services under The Adoption Act to a person who is the subject of the record, with the consent of that person or a parent acting on behalf of a child;

(d) to the Advocate for Children and Youth where disclosure is necessary for the performance of a duty or the exercise of a power;

(e) where disclosure is necessary for the safety, health or well-being of a person, with the approval of the director in writing;

(f) where disclosure is necessary for the purpose of allowing a person to receive a benefit or service with the approval of the director in writing; or

(g) where disclosure is required for purposes of this Act.

Exception re disclosure of non-identifying information

104(2) Non-identifying information in a record referred to in subsection 103(1)

(a) may be disclosed in the circumstances and to the persons set out in clauses (1)(a) to (g); and

(b) may be disclosed with the written approval of the director or the executive director of an agency, to a person entitled to register on the post-adoption registry under this Part.

105(1) The director may, in writing, approve disclosure of any information in a record referred to in subsection 103(1) to a person for a bona fide research or statistical project if the director has determined that

(a) the research or statistical project is of sufficient importance to outweigh the intrusion into privacy that would result from the disclosure of the information;

(b) the research or statistical purpose cannot reasonably be accomplished unless the information is provided in a form that identifies or may identify individuals;

(c) it is unreasonable or impractical for the person proposing the research or statistical project to obtain consent from the individuals the information is about; and

(d) the research or statistical project contains

(i) reasonable safeguards to protect the confidentiality and security of the information, and

(ii) procedures to destroy the information or remove all identifying information at the earliest opportunity consistent with the purposes of the project.

Agreement required

105(2) The director's approval under this section is conditional on the person proposing the research or statistical project entering into a written agreement with the director or the agency disclosing the information in which the person agrees

(a) not to publish the information requested in a form that could reasonably be expected to identify the individuals concerned;

(b) to use the information requested solely for the purposes of the approved research or statistical project; and

(c) to ensure that the research or statistical project complies with the safeguards and procedures described in clause (1)(d).

Restriction on disclosure of vital statistics documents

105.1 Where the director under this Act receives a copy of one of the following documents from the director under The Vital Statistics Act, the director under this Act must not further disclose the document, except in accordance with sections 107.1 to 107.5:

(a) a pre-adoption birth registration;

(b) a substituted registration of birth;

(c) a document relating to an adoption, as referred to in clause 10(3)(b) of The Vital Statistics Act.

106 No action lies and no proceeding may be brought against the Government of Manitoba, the director, an agency or any person acting for or under the direction of the director or an agency for damages resulting from the disclosure of or failure to disclose, in good faith, all or part of a record under this Part or any consequences of that disclosure or failure to disclose.

CONTACT BY THE DIRECTOR

Contact by the director

107 In compelling circumstances affecting anyone's health or safety, the director may contact any of the following to share with them any information from a record under subsection 103(1) or from the post-adoption registry or obtain from them any necessary information despite a disclosure veto, contact veto or contact preference having been filed:

(a) a birth parent;

(b) if the birth parent cannot be located, a member of the birth parent's extended family;

(c) an adult adoptee;

(d) if the adult adoptee cannot be located, a member of the adult adoptee's extended family.

107.1(1) An adult adoptee who was born in Manitoba and adopted under this Act or the former Act may apply to the director for a copy of his or her pre-adoption birth registration.

Disclosure of pre-adoption birth registration

107.1(2) The director must give an applicant who complies with section 107.9 a copy of his or her pre-adoption birth registration unless a parent named on the pre-adoption birth registration has filed

(a) a disclosure veto; or

(b) a contact veto or contact preference.

Exception — disclosure veto filed

107.1(3) If a parent named on the pre-adoption birth registration has filed a disclosure veto, the director must remove any identifying information respecting that parent before giving a copy of the pre-adoption birth registration to the applicant.

Exception — contact veto or preference filed

107.1(4) If a parent named on the pre-adoption birth registration has filed a contact veto or contact preference, the director must remove any identifying information respecting that parent before giving a copy of the pre-adoption birth registration to the applicant, unless the applicant has signed an undertaking in relation to the parent who filed the contact veto or contact preference.

Disclosure to Adult Adoptee Born in Manitoba but Adopted Outside Manitoba

Application by adult adoptee born in Manitoba but adopted outside Manitoba

107.2(1) An adult adoptee who was born in Manitoba and adopted in a jurisdiction outside Manitoba may apply to the director for a copy of his or her pre-adoption birth registration.

Disclosure of pre-adoption birth registration

107.2(2) The director must give an applicant who complies with section 107.9 a copy of his or her pre-adoption birth registration unless the director determines, after making reasonable inquiries, that a parent named on the pre-adoption birth registration has filed

(a) a disclosure veto; or

(b) a contact veto or contact preference.

Exception — disclosure veto filed

107.2(3) If the director determines that a parent named on the pre-adoption birth registration has filed a disclosure veto, the director must remove any identifying information respecting that parent before giving a copy of the pre-adoption birth registration to the applicant.

Exception — contact veto or preference filed

107.2(4) If the director determines that a parent named on the pre-adoption birth registration has filed a contact veto or contact preference, the director must remove any identifying information respecting that parent before giving a copy of the pre-adoption birth registration to the applicant, unless the applicant has signed an undertaking in relation to the parent who filed the contact veto or contact preference.

Disclosure to Parent of Adult Adoptee Born in Manitoba and Adopted in Manitoba

Application by parent of adult adoptee born and adopted in Manitoba

107.3(1) If an adult adoptee was born in Manitoba and adopted under this Act or the former Act, a parent named on the adoptee's pre-adoption birth registration may apply to the director for a copy of one or both of the following:

(a) the adoptee's pre-adoption birth registration;

(b) the substituted registration of birth.

Disclosure of birth registration documents

107.3(2) The director must give an applicant who complies with section 107.9 a copy of the requested document unless the adult adoptee has filed

(a) a disclosure veto; or

(b) a contact veto or contact preference.

Exception — disclosure veto filed

107.3(3) If the adult adoptee has filed a disclosure veto, the director must remove any identifying information respecting the adoptee before giving a copy of the requested document to the applicant.

Exception — contact veto or preference filed

107.3(4) If the adult adoptee has filed a contact veto or contact preference, the director must remove any identifying information respecting the adoptee before giving a copy of the requested document to the applicant, unless the applicant has signed an undertaking in relation to the adoptee.

Identifying information of adoptive parent removed

107.3(5) Before giving the applicant a copy of the substituted registration of birth referred to in clause (1)(b), the director must remove identifying information respecting the adoptive parents.

Disclosure to Parent of Adoptee Born in Manitoba but Adopted Outside Manitoba

Application by parent of adoptee born in Manitoba but adopted outside Manitoba

107.4(1) If an adult adoptee was born in Manitoba and adopted under an Act of another jurisdiction, a parent named on the adoptee's pre-adoption birth registration may apply to the director for a copy of one or both of the following:

(a) the adoptee's pre-adoption birth registration;

(b) the substituted registration of birth.

Disclosure of birth registration documents

107.4(2) The director must give an applicant who complies with section 107.9 a copy of the requested document unless the director determines, after making reasonable inquiries, that the adult adoptee has filed

(a) a disclosure veto; or

(b) a contact veto or contact preference.

Exception — disclosure veto filed

107.4(3) If the director determines that the adult adoptee has filed a disclosure veto, the director must remove any identifying information respecting the adoptee before giving a copy of the requested document to the applicant.

Exception — contact veto or preference filed

107.4(4) If the director determines that the adult adoptee has filed a contact veto or contact preference, the director must remove any identifying information respecting the adoptee before giving a copy of the requested document to the applicant, unless the applicant has signed an undertaking in relation to the adoptee.

Identifying information of adoptive parents removed

107.4(5) Before giving the applicant a copy of the substituted registration of birth referred to in clause (1)(b), the director must remove identifying information respecting the adoptive parents.

107.5(1) If an aboriginal person was born in Manitoba and subsequently adopted, he or she may apply to the director, in accordance with the regulations, for the following to be given to a person, government or organization for the purpose of an application by the aboriginal person for a benefit or service that is provided to aboriginal persons:

(a) a copy of his or her pre-adoption birth registration;

(b) identifying information respecting his or her birth parents;

(c) any other identifying or non-identifying information that the director considers relevant.

Who may apply

107.5(2) An application by an aboriginal person under subsection (1) may be made

(a) by the person, if an adult; or

(b) if the person is a child, by his or her adoptive parent or guardian.

Director must give information

107.5(3) If the person who applies under subsection (1) complies with section 107.9, the director must give the information to the person, government or organization, in accordance with the application.

Disclosure not affected by vetoes or preference

107.5(4) The director may give information in accordance with this section despite a disclosure veto, contact veto or contact preference having been filed under this Act, the former Act or an Act of another jurisdiction.

Restrictions on use and disclosure of information

107.5(5) A person, government or organization that receives information from the director under this section

(a) must maintain confidentiality with respect to the information;

(b) must use the information only for the purpose for which it was given; and

(c) must not further disclose the information without the written approval of the director.

107.6(1) An adult adoptee who was not born in Manitoba but was adopted under this Act or the former Act may apply to the director for a summary of birth information, including identifying information, that is set out in the pre-adoption birth registration, if this document is in the director's records.

Disclosure of summary of birth information

107.6(2) The director must give an applicant who complies with section 107.9 the summary of birth information referred to in subsection (1), unless a parent named on the pre-adoption birth registration has filed

(a) a disclosure veto; or

(b) a contact veto or contact preference.

Exception — disclosure veto filed

107.6(3) If a parent named on the pre-adoption birth registration has filed a disclosure veto, the director must remove any identifying information respecting that parent before giving the summary of birth information to the applicant.

Exception — contact veto or preference filed

107.6(4) If a parent named on the pre-adoption birth registration has filed a contact veto or contact preference, the director must remove any identifying information respecting that parent before giving the summary of birth information to the applicant, unless the applicant has signed an undertaking in relation to the parent who filed the contact veto or contact preference.

107.8 If a person is entitled under sections 107.1 to 107.7 to receive a copy of a document that is not available, but other information relating to the adoption is available, the director may give a summary of available birth and adoption information, including identifying information which the person is otherwise entitled to receive.

112(1) An application to the director to file a disclosure veto may be made respecting an adoption under the former Act or an Act of another jurisdiction

(a) by an adoptee who is 16 years of age or older; or

(b) by a parent named on a pre-adoption birth registration;

to prohibit the disclosure of identifying information respecting the applicant.

Filing disclosure veto

112(2) Upon receiving an application under subsection (1), the director must file the disclosure veto on the post-adoption registry if

(a) the disclosure veto is in a form satisfactory to the director;

(b) the director is satisfied that the disclosure veto is not affected by an openness agreement; and

(c) the applicant complies with section 107.9.

Statement filed with veto

112(3) A person who files a disclosure veto may file with it a written statement that includes any of the following:

(a) the reasons for wishing that identifying information not be disclosed;

(b) a brief summary of any available information about the medical and social history of the person and his or her family;

(c) any other relevant non-identifying information.

Non-identifying information given if veto filed

112(4) When a person who requests information under this Part is informed that a disclosure veto has been filed, the director must give the person requesting the information any non-identifying information in any written statement filed with the disclosure veto.

Cancelling veto

112(5) A person who files a disclosure veto may cancel the veto at any time by notifying the director in writing.

Veto terminates one year after death

112(6) Unless cancelled under subsection (5), a disclosure veto terminates one year after the death of the person who filed the veto.

Effect of disclosure veto

112(7) The director must not disclose any identifying information respecting the person who filed the disclosure veto, unless permitted to do so under this Part.

119.1(1) If an adoptee has died, his or her adoptive parents, adult adoptive siblings and adult children may register on the post-adoption registry to request a search by the director to locate the adoptee's birth mother, birth father and adult birth siblings.

Request for search by grandparent if birth parent has died

119.1(2) If an adoptee's birth parent has died and the adoptee is 18 years of age or older, a parent of the deceased birth parent may register on the post-adoption registry to request a search by the director to locate the adoptee.

Proof of death

119.1(3) A person who wishes to register on the post-adoption registry under this section to request a search must provide proof satisfactory to the director of the deceased's death.

119.3(1) A person is not entitled to assistance from the director in searching for another person if the other person has filed one of the following documents on the post-adoption registry:

(a) a disclosure veto;

(b) a contact veto;

(c) a contact preference in which the other person requests to have no contact with the person.

Search of the registry

119.3(2) In providing assistance, the director is not obligated to do more than search the information and documents on the post-adoption registry.

Search if adoptee under 18

119.3(3) The director must not undertake a search that could result in contact between an adoptee who is under 18 years of age and his or her birth mother or birth father or an adult birth sibling without the consent of

119.4(1) The director must advise a person who requests a search under sections 118 to 119.1 of the results of the search, and advise whether the person being searched for

(a) wishes to be contacted;

(b) does not wish to be contacted;

(c) cannot be contacted; or

(d) is deceased.

If persons wish to exchange information or be in contact

119.4(2) If a person located by the director as a result of a search wishes to exchange identifying information or have contact with the person who requested the search, the located person must register on the post-adoption registry and the director may then facilitate communication between the two persons.

If contact not desired

119.4(3) If a person located by the director as a result of a search does not wish to be contacted, the director must not disclose any identifying information about the located person to the person who requested the search. This applies whether or not the located person has filed a disclosure veto, contact veto or contact preference.

119.5(1) Pursuant to an agreement entered into under subsection (2), the director may disclose identifying and non-identifying information to an appropriate authority in another jurisdiction where it is necessary

(a) to enable the director to determine if a disclosure veto, contact veto or contact preference has been filed in that jurisdiction; or

(b) to enable the authority to determine if a disclosure veto, contact veto or contact preference has been filed under this Act or the former Act.

Information-sharing agreement

119.5(2) The director may enter into an agreement with the government of another jurisdiction respecting the sharing of information, including personal information, for the purposes mentioned in subsection (1).

(a) to protect the confidentiality and security of any personal information that the director discloses; and

(b) to ensure that personal information will be used only for the purposes for which it was disclosed.

Meaning of "personal information"

119.5(4) In this section, "personal information" means personal information as defined in The Freedom of Information and Protection of Privacy Act and personal health informationas defined in The Personal Health Information Act.

(c) a lawyer receiving reasonable fees and expenses for legal services provided in connection with an adoption;

(d) a health care provider receiving reasonable fees and expenses for medical services provided to a child who is the subject of an adoption or to the birth mother in connection with the pregnancy or birth;

(e) an adoption agency or a child and family services agency receiving fees and expenses that do not exceed those allowed under the regulations;

(f) any other person prescribed by regulation.

Placing child outside of Manitoba

121 A person shall not take or send or attempt to take or send a child outside of Manitoba for the purpose of placing the child for adoption, other than for an adoption under Division 6 of Part 3, except in accordance with this Act.

Identifying person involved in adoption proceeding

122 A person who contravenes subsection 100(3) is guilty of an offence and is liable as set out in section 126.

Contravening a contact veto

123 A person who contravenes subsection 113(5) is guilty of an offence and is liable as set out in section 126.

(c) an advertisement by an adoption agency advertising its services only, without referring to specific children;

(d) an announcement of an adoption placement or an adoption;

(e) other forms of advertisement specified by regulation.

Penalty

126(1) A person who contravenes a provision of this Part is guilty of an offence and liable on summary conviction to a fine of not more than $50,000.

Continuing offence

126(2) Where a contravention referred to in section 122 or 124 continues for more than one day, the person is guilty of a separate offence for each day the contravention continues.

Offence by an officer, etc. of corporation

126(3) When a corporation is guilty of an offence under subsection (1), an officer, director or agent of the corporation who directed, authorized, participated in, or acquiesced in the offence, is also guilty of an offence and is liable on summary conviction to a fine of not more than $50,000.

Limitation period

126(4) No proceeding for an offence under this Act may be commenced more than six months after the facts on which the proceeding is based first came to the director's knowledge.

(f.4) governing how and by whom applications for documents or information under Part 4, or the filing of documents on the post-adoption registry, may be made on behalf of persons who are incapable of applying or filing for themselves;

(f.5) respecting searches by the director under Part 4;

(f.6) respecting consents by adopted children or other persons to searches under Part 4;

(f.7) respecting agreements that the director may enter into under section 119.5;

(g) allowing prospective adoptive parents to pay expenses of birth parents and specifying the types of expenses and limiting the amounts of those expenses;

(h) specifying other persons who are exempt from subsection 120(1) or specifying any circumstances under which a person is exempt from subsection 120(1);

(i) respecting other forms of advertising that are exempt from section 125;

(j) respecting additional transitional provisions;

(k) defining words or phrases for which no definition is given in this Act;

(l) respecting any matter the Lieutenant Governor in Council considers necessary or advisable to carry out the intent and purpose of this Act.

(a) respecting the licensing of adoption agencies, the renewal of licences and the suspension and cancellation of licences;

(b) specifying conditions to be met and maintained by a corporation to obtain and retain a licence as an adoption agency, including conditions relating to the content of its constitution, articles and bylaws, the composition of its board of directors, the qualifications of directors and officers and the election or appointment of directors;

(c) respecting the qualifications to be met by persons who provide adoption services for agencies;

(d) governing the fees or other expenses that agencies may charge for services and the waiving of fees, and prohibiting agencies from charging fees or expenses for specified adoption services;

(e) respecting the assumption of responsibility for the delivery of services of an adoption agency for the purpose of subsection 9(4);

(f) respecting the retention, storage and destruction of records in the custody or control of an agency under this Act;

(g) respecting the contents of advertisements and other promotional material that may be used by agencies;

(h) respecting any other matter necessary for the proper operation, management, administration and accountability of agencies.

Conflict with Corporations Act

127(3) If a regulation made under clause (2)(b) conflicts with a provision of The Corporations Act, the regulation prevails.

Application of regulations

127(4) In making a regulation under this Act, the Lieutenant Governor in Council may provide differently for different categories of adoptions or different classes of persons.